Bill Text: NY S07724 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to sex offender registration procedures.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-06-18 - referred to correction [S07724 Detail]
Download: New_York-2013-S07724-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7724
I N S E N A T E
June 3, 2014
___________
Introduced by Sen. ZELDIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the correction law, in relation to sex offender regis-
tration
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 168-p of the correction law, as
2 amended by chapter 361 of the laws of 2004, is amended to read as
3 follows:
4 1. Pursuant to section one hundred sixty-eight-b of this article, the
5 division shall also operate a telephone number that members of the
6 public may call free of charge and inquire whether [a named individual]
7 UP TO FIVE NAMED INDIVIDUALS required to register pursuant to this arti-
8 cle [is] ARE listed. The division shall ascertain whether [a] SUCH named
9 [person] PERSONS reasonably [appears] APPEAR to be [a person] SUCH
10 PERSONS so listed and provide the caller with the relevant information
11 according to risk as described in subdivision six of section one hundred
12 sixty-eight-l of this article. The division shall decide whether [the]
13 SUCH named [person] PERSONS reasonably [appears] APPEAR to be [a person]
14 SUCH PERSONS listed, based upon information from the caller providing
15 information that shall include (a) an exact street address, including
16 apartment number, driver's license number or birth date, along with
17 additional information that may include social security number, hair
18 color, eye color, height, weight, distinctive markings, ethnicity; or
19 (b) any combination of the above listed characteristics if an exact
20 birth date or address is not available. If three of the characteristics
21 provided include ethnicity, hair color, and eye color, other identifying
22 characteristics shall be provided. ANY INCORRECT IDENTIFYING CHARACTER-
23 ISTICS PROVIDED BY THE CALLER WILL NOT PROHIBIT THE CALLER FROM INQUIR-
24 ING FURTHER AS TO THE PERSON'S IDENTITY WITH ADDITIONAL IDENTIFYING
25 INFORMATION DURING THE SAME CALL. Any information identifying the victim
26 by name, birth date, address or relation to the person listed by the
27 division shall be excluded by the division.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14895-04-4
S. 7724 2
1 S 2. Paragraphs (a) and (b) of subdivision 2-a of section 168-p of the
2 correction law, as added by chapter 361 of the laws of 2004, are amended
3 to read as follows:
4 (a) The division shall establish a program allowing non-profit and
5 not-for-profit youth services organizations to pre-register with the
6 division for use of the telephone number. Pre-registration shall include
7 the identification of up to two officials of the organization who may
8 call the telephone number OR MAKE AN INQUIRY IN WRITING, and obtain
9 information on behalf of the organization. A pre-registered certificate
10 issued under this subdivision shall be valid for two years, unless
11 earlier revoked by the division for good cause shown. No fee shall be
12 charged to an applicant for the issuance of a pre-registered certificate
13 pursuant to this subdivision.
14 (b) An organization granted a pre-registered certificate pursuant to
15 this subdivision may, upon calling the telephone number, inquire whether
16 multiple named individuals are listed on the sex offender registry.
17 Notwithstanding any per call limitation the division may place on calls
18 by private individuals, the division shall allow such pre-registered
19 organizations to inquire about up to twenty prospective coaches, leaders
20 or volunteers in each call to the telephone number. IF REGISTRATION
21 VERIFICATION IS REQUESTED IN WRITING, THE DIVISION SHALL RESPOND WITHIN
22 FIVE DAYS FOR REQUESTS OF UP TO FIFTY NAMED INDIVIDUALS.
23 S 3. Subdivision 1 of section 168-q of the correction law, as amended
24 by chapter 532 of the laws of 2011, is amended to read as follows:
25 1. The division shall maintain a subdirectory of level two and three
26 sex offenders. The subdirectory shall include the exact address, address
27 of the offender's place of employment and photograph of the sex offender
28 along with the following information, if available: name, physical
29 description, age and distinctive markings. Background information
30 including the sex offender's crime of conviction, modus of operation,
31 type of victim targeted, the name and address of any institution of
32 higher education at which the sex offender is enrolled, attends, is
33 employed or resides and a description of special conditions imposed on
34 the sex offender shall also be included. FURTHER, THE SUBDIRECTORY SHALL
35 INCLUDE THE LAST KNOWN DATE THE OFFENDER'S ADDRESS, PLACE OF EMPLOYMENT
36 AND PHOTOGRAPH WERE OBTAINED. The subdirectory shall have sex offender
37 listings categorized by county and zip code. Such subdirectory shall be
38 made available at all times on the internet via the division homepage.
39 Any person may apply to the division to receive automated e-mail notifi-
40 cations whenever a new or updated subdirectory registration occurs in a
41 geographic area specified by such person. The division shall furnish
42 such service at no charge to such person, who shall request e-mail
43 notification by county and/or zip code on forms developed and provided
44 by the division. E-mail notification is limited to three geographic
45 areas per e-mail account.
46 (A) IF THE OFFENDER DOES NOT REPORT AN EMPLOYMENT ADDRESS, THE DIVI-
47 SION SHALL USE THE LANGUAGE, "NONE CURRENTLY REPORTED" IN THE SUBDIREC-
48 TORY UNDER THE EMPLOYMENT ADDRESS FIELD.
49 (B) FOR A SEX OFFENDER WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH
50 REQUIRES REGISTRATION UNDER PARAGRAPH (D) OF SUBDIVISION TWO OR PARA-
51 GRAPH (B) OF SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF
52 THIS ARTICLE, THE DIVISION SHALL INCLUDE THE OFFENSE FOR WHICH THE SEX
53 OFFENDER WAS CONVICTED IN ANY OTHER JURISDICTION. THE SUBDIRECTORY FIELD
54 CONVICTION CHARGES SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, THE
55 TITLE, SECTION, SUBSECTION, CLASS, CATEGORY AND DEGREE OF OFFENSE FOR
56 WHICH THE SEX OFFENDER WAS CONVICTED IN ANY OTHER JURISDICTION.
S. 7724 3
1 S 4. Subdivision 4 of section 168-f of the correction law, as amended
2 by chapter 67 of the laws of 2008, is amended to read as follows:
3 4. Any sex offender shall register with the division no later than
4 [ten] THREE calendar days after any change of address, internet accounts
5 with internet access providers belonging to such offender, internet
6 identifiers that such offender uses, or his or her status of enrollment,
7 attendance, employment or residence at any institution of higher educa-
8 tion. A fee of ten dollars, as authorized by subdivision eight of
9 section one hundred sixty-eight-b of this article, shall be submitted by
10 the sex offender each time such offender registers any change of address
11 or any change of his or her status of enrollment, attendance, employment
12 or residence at any institution of higher education. Any failure or
13 omission to submit the required fee shall not affect the acceptance by
14 the division of the change of address or change of status.
15 S 5. Subdivision 6 of section 168-f of the correction law, as added by
16 chapter 11 of the laws of 2002, is amended to read as follows:
17 6. Any nonresident worker or nonresident student, as defined in subdi-
18 visions fourteen and fifteen of section one hundred sixty-eight-a of
19 this article, shall register his or her current address and the address
20 of his or her place of employment or educational institution attended
21 with the division within [ten] THREE calendar days after such nonresi-
22 dent worker or nonresident student commences employment or attendance at
23 an educational institution in the state. Any nonresident worker or
24 nonresident student shall notify the division of any change of resi-
25 dence, employment or educational institution address no later than [ten]
26 THREE days after such change. The division shall notify the law enforce-
27 ment agency where the nonresident worker is employed or the educational
28 institution is located that a nonresident worker or nonresident student
29 is present in that agency's jurisdiction.
30 S 6. Subdivision 1 of section 168-k of the correction law, as amended
31 by chapter 146 of the laws of 2004, is amended to read as follows:
32 1. A sex offender who has been convicted of an offense which requires
33 registration under paragraph (d) of subdivision two or paragraph (b) of
34 subdivision three of section one hundred sixty-eight-a of this article
35 shall notify the division of the new address no later than [ten] THREE
36 calendar days after such sex offender establishes residence in this
37 state.
38 S 7. This act shall take effect immediately.
